Alexandria Slip and Fall Injury Lawyer

Merchants’ Liability in Slip and Fall Legal Actions

The Louisiana state legislature enacted a specific statute related to certain property owners’ liability for slip and fall accidents. Under RS 9:2800.6, injured individuals must prove the following conditions exist in order to hold business owners liable for accidents resulting from slip and fall accidents:

• The cause of the slip and fall accident created an unreasonable risk of reasonably foreseeable harm.
• The merchant created or had actual or constructive notice of the condition before the accident occurred.
• The merchant did not exercise reasonable care in dealing with the cause of the slip and fall.

Failing to clean up or fulfill safety procedures alone is not sufficient evidence that a business owner failed to exercise reasonable care. For example, if someone broke a wine bottle in a grocery store, and you slipped in the mess before the store could respond to the accident, then the store could argue that their employees would have cleaned up the mess had they known about the hazard in time.

What Is Considered “Constructive Notice”?

Constructive notice, as defined by state law, means that the cause of the slip and fall accident existed for long enough that the property owner or manager in question would have found it if they were exercising reasonable care. This rule applies to all individuals whose business is to sell goods or merchandise at a fixed place of business, including stores, restaurants, and lobby areas of hotels, motels, or inns.

However, if a property owner or manager was at or near the condition, this does not necessarily mean that they knew or reasonably should have known of the hazardous condition. Establishing that the owner or manager had constructive notice involves showing clear instances where they were informed of the hazard yet actively decided not to address them.

Awards You Could Receive in a Slip and Fall Case

A slip and fall lawyer from Laborde Earles Injury Lawyers wants to take on your case and help you seek compensation for your losses. Some awards you could receive following a slip and fall accident include compensation for the following losses:

Medical Expenses

We can seek compensation to cover current and future medical expenses related to your slip and fall injury. Medical treatment costs may include:

• Emergency room care
• Ambulance ride
• Hospitalization
• Surgery
• Prescription medications
• Medical devices, such as a wheelchair or neck brace
• In-home care costs
• Physical therapy and rehabilitation
• Mileage reimbursement for doctor’s appointments

Please keep a record of all of your medical bills resulting from the accident. We can seek a settlement amount on your behalf to cover your costs.

If your injuries are long-term or permanent and may require future medical treatment beyond your case’s settlement, we can consult a medical expert who can testify how much treatment you might need and their estimated costs.

Income Loss

If you had to miss work because of your injury, we can also seek compensation for your lost wages. Other losses related to work that we can seek reimbursement for include:

• Loss of future earning capacity
• Lost benefits
• Lost retirement contributions
• Lost business opportunities
• Lost pensions

We may consult a vocational rehabilitation expert to provide testimony on your ability to reenter the workforce after your recovery (if possible) and whether that involves a pay cut to your salary or forcing you out of your established career path.

Non-Economic Damages

Non-economic damages are physical, mental, and emotional losses you suffered from the effects of the injury on your life. These damages may include:

• Pain and suffering and inconvenience
• Mental anguish
• Loss of enjoyment of former hobbies and activities
• Disfigurement, including scarring and burns
• Disability, including vision or hearing loss
• Loss of consortium
• Psychological trauma

While we cannot give you an accurate estimate of what you can recover now, we can tell you what you may be entitled to collect after reviewing your case during your free, no-obligation consultation.

Wrongful Death Damages

Unfortunately, not all fall victims survive their accidents, which can cause emotional and financial turmoil for their surviving families. We understand this may be a hectic and deeply painful time for you and your family if you are grieving a lost loved one. 

However, Louisiana’s legal system does not allot much time for families to process their emotions and then take legal action. With a one-year filing period set by CC Art. 2315.2, families often have to do both at the same time. As such, our legal team is here to help you pursue damages related to your loved one’s death, which may include:

• Funeral expenses, including costs for burial or cremation services
• Loss of parental guidance for surviving children
• Loss of companionship and consortium for surviving spouses
• Other emotional losses, such as losing love, affection, and support from your loved one
• Loss of financial support if your loved one worked to support the family unit
• Loss of inheritance

There may be other damages to pursue, which we can inform you of in future consultations as we build your case.

Comparative Negligence in Slip and Fall Cases

According to CC Art. 2323, the amount of compensation that injury victims are entitled to recover in slip and fall accidents or any personal injury claim depends on the degree of the victims’ fault. If injury victims were partially at fault for causing the accident that led to their injuries, they may still recover damages from other responsible parties, provided their percentage of fault is less than the defendant’s.

However, if you are found partially negligent, your compensation award may be decreased by an amount equal to your percentage of fault. For example, if the jury determines that you are 10 percent at fault for the accident, the defendant would only be liable for 90 percent of your damages. An Alexandria slip and fall injury lawyer from our firm could provide further clarification about how much in damages a plaintiff could expect to receive.

How Long You Have to File Your Case

You generally have one year following your slip and fall accident to file a lawsuit against the negligent property owner in Louisiana, according to CC Art. 3492. If you fail to submit your case within this timeframe, the court may dismiss your case and bar you from pursuing compensation through litigation, putting you at a disadvantage if you are trying to negotiate a settlement with the liable party.

A slip and fall lawyer serving Alexandria from our team can take on your case and ensure we file it on time. We will ensure your rights to compensation stay intact.

Call Now to Hire an Alexandria Slip and Fall Injury Attorney Today

Since you have a limited amount of time to pursue a personal injury claim, you should not hesitate to contact legal counsel at your earliest convenience following an accident that causes you harm. To get started on your case, call the legal team at Laborde Earles Injury Lawyers today at (318) 777-7777 for your free consultation.